Rudd v. Buxton
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendant from a judgment of the ¡Supreme Court of tbe District of Columbia, on verdict, in an action to recover damages for the alleged breach of certain guaranties.
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Hearing on an appeal by tbe defendant from a judgment of the ¡Supreme Court of tbe District of Columbia, on verdict, in an action to recover damages for the alleged breach of certain guaranties. The Court in the opinion stated the facts as follows: The declaration of Edgar Buxton, plaintiff, alleged that defendant, Charming Rudd, by his .written guaranties undertook and promised plaintiff and his wife, Ada Buxton, that if they would'subscribe to stock in a correspondence school corporation then about to be organized by defendant, he would guarantee to them the sums of $1,000, $1,000, and…
1Opinion of the CourtChief Justice Suepard
1. The first error assigned relates to the denial of the motion in arrest of judgment.
Assuming, for the purposes of the argument,. that the cause of action is defectively stated in the declaration, no exception was taken to it on that ground, and hence no opportunity offered for its amendment, had plaintiff been so advised. “Upon motion in arrest of judgment, the plaintiff is entitled to every intendment of law that can be reasonably made in support of the verdict. Everything that the defendant could object to will be presumed to have been made and urged at the trial, and it must be intended…
2Cases cited1 opinion
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
3Cited by2 opinions
- Paul T. Stone, Inc. v. MetzlerCourt of Appeals for the D.C. Circuit · 1938
- Weimann v. SheppardDistrict of Columbia Court of Appeals · 1944